Workers' Compensation Lawyers New York City, NY - Banville Law - (917) 633-4808

Whether you were in a car accident while driving in the course of your job duties, lifting boxes or patients and injured your back, suffered a slip and fall on a construction site, or were electrocuted by sloppy sub-contractors. Call our team of New York City workers' compensation attorneys now to help you fight to get full and fair compensation.

To learn more about our Banville Law in New York City, NY law firm and your right to justice, view our website. 

Workers' Compensation Lawyer New York City

Workers' Compensation Attorney NYC

An attorney for workers' compensation assists injured workers in obtaining benefits under the state's workers' compensation laws. Attorneys for workers' compensation represent injured workers in lawsuits against their employers and insurance providers.

An injured employee at work may be entitled to medical care, disability payments, and death benefits. A worker may be entitled to further compensation if their employer fails to offer proper safety equipment or training.

Employees who have been injured should contact a workers' compensation attorney as soon as possible. Banville Law's skilled workers' compensation attorneys can assist injured workers in New York City in receiving the benefits and reimbursement they deserve.

What Is Workers’ Compensation?

Workers' compensation insurance protects workers against injuries sustained on the job. Workers' comp covers medical expenses, lost wages, and disability benefits. Anyone who works in New York State qualifies for worker's comp benefits. This includes anyone working in construction, manufacturing, transportation, service industries, and agriculture.

In addition to paying for medical care, workers' compensation may cover rehabilitation services, such as physical therapy, occupational therapy, speech therapy, and vocational training.

Workers' compensation is designed to protect employees from workplace accidents and illnesses, such as carpal tunnel syndrome, back pain, repetitive strain injury, and musculoskeletal disorders.

Workers' comp is mandatory coverage under most state laws. However, there are exceptions. For example, employers with fewer than five full-time employees do not have to provide workers' compensation insurance.

There are two types of workers' compensation insurance: employer liability and employee benefit. Employer liability insurance pays for medical costs and lost wages resulting from an accident at work. Employee benefits insurance provides health care coverage and disability payments to injured workers.

Employer liability insurance typically does not come with a deductible. Instead, the employer is responsible for covering medical costs and lost wages up to certain limits.

Employee benefits insurance usually comes with a deductible. This means that the first amount paid out of pocket is deducted from any recovery. If the worker has no additional medical bills, then the remaining balance is reimbursed.

What Workers’ Comp Benefits Are Available to Injured Workers in New York City?

New York City has one of the highest rates of injury in the nation. According to the Bureau of Labor Statistics, over 1 million injuries were reported in 2016. This number represents about 2% of the workforce.

There are several types of benefits available under workers’ compensation. Some of these include:

Medical Care

Medical care is paid for by the state. 

Disability Payments

Disability payments are made directly to the injured worker.

Rehabilitation Services

Rehabilitation services are paid for by the state and are designed to restore the injured worker to his or her previous level of employment.

Death Benefits

Death benefits are paid out to the surviving dependents of the deceased worker.

Can I File a Personal Injury Lawsuit If I Get Workers’ Comp Benefits?

In most cases, filing a personal injury lawsuit is not necessary. However, there are certain situations where you may decide to file a claim.

However, if you feel that your employer or its insurance company has mistreated you, you may still be entitled to file a personal injury claim. For example, if you were fired without cause, you may be eligible to file a wrongful termination claim.

However, if you were injured on the job, you may still be eligible to receive workers' comp benefits regardless of whether you file a personal injury lawsuit or not. If this is the situation, you may want to consult with a personal injury lawyer before deciding whether or not to file a personal injury suit.

Some states require employers to pay for medical care related to workplace accidents. In these instances, you may be required to sign away your right to file a personal injury action. A personal injury lawyer can advise you about what types of claims you may be eligible to pursue and which ones are worth pursuing.

When Should I Hire a Workers’ Comp Lawyer?

Workers' compensation regulations safeguard employees who are hurt on the workplace. You may be eligible for workers' compensation benefits if you were injured on the job.

There are situations, though, when an employer should hire a workers' compensation attorney. Here are three scenarios in which you should hire a workers' compensation lawyer.

1. When an Employer Fails to Pay Benefits

An employer is required by law to cover an employee's medical expenditures. Employers, on the other hand, frequently neglect to pay these benefits. This can have major ramifications for the employee.

An employee with unpaid medical expenses, for example, may not be able to afford treatment. As a result, they may not receive the treatment they require to recover.

Furthermore, an employee who does not receive their benefits may face financial difficulties. They might not be able to afford groceries or rent.

Hiring a workers’ comp law firm can help ensure that your medical bills are paid promptly.

2. When an Employee Files a Claim Too Late

Employees who file claims late risk missing critical deadlines. You may not be eligible for some benefits if you file a claim after the deadline. Furthermore, filing a claim too late may result in you receiving no compensation at all.

A workers' compensation lawyer can assist you in understanding your legal rights and duties. They can tell you if you need to file a claim within a certain amount of time.

3. When an Employer Denies a Claim

An employer may reject a claim without offering a valid reason. An employer may refuse to pay a claim simply because the injury isn't severe enough.

This denial may prohibit you from accessing benefits that you are entitled to. A workers' compensation lawyer can assist you in determining whether your claim is valid.

Contact a workers' compensation lawyer right away if you suspect your employer refused your claim unfairly.

What Can You Do If Your Claim Is Denied?

Workers' compensation claims are often denied. It may seem like an unfair system, but there are things you can do to improve your chances of winning a claim.

1. Know What You're Up Against

Denials happen for a number of reasons. Some denials are due to medical issues, others are due to lack of evidence, and others are due to the employer's argument that the injury was caused by something other than the job.

2. Be Prepared

You need to gather all of the information about the accident and injuries. This includes any documentation related to the incident, such as police reports, medical records, and anything else that proves your case. This information will help you establish your case.

3. Get Help From an Expert

An experienced attorney can help you prepare your case and present it to the judge. An attorney can also help you navigate the complex world of workers' comp law.

A good lawyer will be able to explain the laws and regulations to you so that you understand them better. They will also be able to advise you on how to handle certain situations.

4. Stay Positive

Even though you may feel frustrated and angry about the situation, you must remain calm and focused. Remember that this is a legal matter, and you need to follow the rules.

Doing so will ensure that you receive fair treatment and that your rights are protected.

Recover Your Rightful Benefits – Contact an NYC Worker’s Comp Lawyer Today

Whether you work in construction, manufacturing, retail, or any other industry, there are some things you should know about worker's compensation regulations.

For a free consultation, call us today. Our legal staff at Banville Law in New York City can answer your questions and assist you in determining whether or not you require legal assistance.